In an incident that shook the community of Newport News, Virginia, a first-grade teacher, Abigail Zwerner, was shot by her 6-year-old student during a classroom session.
The aftermath of the incident led to a legal battle between Zwerner and the school system, with Zwerner filing a $40 million lawsuit against the school administrators for negligence.
In January, a 6-year-old student retrieved his mother’s handgun and shot Abigail Zwerner, his first-grade teacher, while she was seated at a reading table.
The incident resulted in Zwerner being hospitalized for two weeks and undergoing multiple surgeries to treat her hand and chest injuries. Zwerner alleges that the school administrators ignored multiple warnings about the boy’s possession of a gun and his concerning behavior.
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In April, Zwerner filed a lawsuit against the Newport News Public Schools, seeking $40 million in damages.
However, the school board’s attorneys argued that Zwerner was only eligible for workers’ compensation, which provides limited financial support and medical care for work-related injuries.
They contended that Zwerner’s injuries were directly related to her job and fell within the scope of workers’ compensation coverage.
The Judge’s Ruling and Implications
In a turn of events, Newport News Circuit Court Judge Matthew Hoffman ruled in favor of Zwerner, allowing her lawsuit to proceed. The judge disagreed with the school board’s argument, stating that Zwerner’s injuries did not arise directly from her employment and, therefore, were not exclusive to workers’ compensation coverage.
The judge emphasized that the risk of being shot by a student was not unique to the job of a first-grade teacher.
This ruling has significant implications for the case and potentially sets a precedent for similar incidents in the future.
It challenges the notion that workplace assaults and negligence claims against employers are automatically covered under workers’ compensation laws.
The decision opens the door for Zwerner to pursue a substantial financial recovery beyond the limited benefits provided by workers’ compensation.
The School Board’s Response and Potential Appeal
Unsurprisingly, the school board’s attorneys have expressed their intention to appeal the judge’s decision. They firmly believe that the ruling will be reversed by the appellate court.
The school board maintains that Zwerner’s injuries were job-related, given the unfortunate reality of teachers being injured by students, which they argue is becoming increasingly common in today’s society.
The attorneys representing the school board argue that Zwerner’s injuries were a direct result of her employment and, therefore, should be covered by workers’ compensation.
They emphasize that for a personal action to defeat the exclusivity of the Workers’ Compensation Act, the personal motive must not be related to the employment itself. They contend that the shooting incident was solely a consequence of the teacher-student relationship and, therefore, should not bypass workers’ compensation.
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The Unique Case in Virginia’s Workers’ Compensation Law
Virginia’s workers’ compensation laws are known for their stringent nature, making it challenging for employees to pursue legal action beyond the scope of workers’ compensation.
The laws generally protect employers from extensive financial liabilities while ensuring injured workers have access to compensation without the need to prove fault.
Legal experts initially predicted that Zwerner’s lawsuit would face significant hurdles under Virginia’s strict workers’ compensation law. The burden was on Zwerner’s attorneys to demonstrate that the shooting incident was unrelated to her job as a first-grade teacher.
They needed to establish that the incident had a personal motive, despite it occurring within the classroom.
Judge Hoffman’s ruling acknowledged the personal nature of the shooting incident. He noted that the 6-year-old student had the gun in his possession throughout the school day but only decided to fire it when he returned to Zwerner’s classroom.
The judge highlighted that the student did not threaten anyone else in the school with the firearm. This distinction supports Zwerner’s argument that the shooting was not directly related to her employment but rather a personal act.
Zwerner’s attorneys argued that the school board’s contention about workplace violence being a common occurrence for teachers did not apply in this case.
They asserted that Zwerner would never have anticipated the risk of being shot by a 6-year-old student and, therefore, workers’ compensation should not be the sole avenue for compensation.
The Road to Justice and Accountability
Zwerner’s victory in having her lawsuit proceed is seen as an important stepping stone towards justice and accountability.
Her attorneys, Diane Toscano, Jeffrey Breit, and Kevin Biniazan, expressed their satisfaction with the ruling and their commitment to pursuing the case further.
They emphasize that no teacher expects to find themselves staring down the barrel of a gun held by a first-grade student.
With a tentative trial date set for January 2025, the lawsuit will continue to shed light on the incident and hold the school system accountable for their alleged negligence. Zwerner’s legal battle not only seeks justice for her injuries but also raises awareness about the safety of teachers and the need for proactive measures to prevent such incidents.
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